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877 results found for "creditors rights"
- When a Term Sheet is Not an Enforceable Contract
agreement, the Term Sheet provided that Pate and his affiliates would assign and transfer all of their rights Further, the Term Sheet set forth certain rights to which Pate would be entitled upon his satisfaction Agreement to be a supplemental, mechanical document that simply effectuated the transfer, including his right transfer a 10% economic interest in Holdings to him; b) the Release Agreement would not affect his right
- Court Holds That Disputes Between Members are Not Sufficient to Dissolve an LLC
Matter of Eight of Swords, LLC , 96 A.D.3d 839, 840 (2d Dept. 2012).
- Overturning An Arbitral Award Is Not Easy
indirect that they have with any party to the arbitration, and disclose all facts known to them which might Article 75 affords the parties due process rights, such as: the right to be heard, the right to cross-examine witnesses, and the right to present evidence.
- Non-Managing Members Of An Llc Do Not Owe A Fiduciary Duty To The Llc And The Other Llc Members
written operating agreement relating to the business of the company, the conduct of its affairs and the rights The operating agreement is, therefore, the primary document defining the rights of members, the duties self-dealing, but also requires avoidance of situations in which the fiduciary’s personal interest might
- Former Baseball Player Learns That An Agreement By Email Is Enforceable
Court observed in a footnote, “Put another way, the release is not ‘essential to a determination of rights
- Sec Enforcement News: In First Of Its Kind, Sec Imposes Penalty On Company Over Data Breach Disclosures
Instead, the company’s SEC filings stated that it faced only the risk of, and negative effects that might
- First Department Addresses Duplication of a Fraud Claim with a Breach of Contract Claim and the Justifiable Reliance Element of a Fraud Cause of Action
Orix Credit Alliance v. Hable Co. , 256 A.D.2d 114, 115 (1st Dept. 1998). $10 million war chest to make additional acquisitions and had secured a $3 million revolving line of credit or omission when the aggrieved party has the ability to do so, or ignoring facts that are in plain sight
- First Department Declines to Dismiss Fraudulent Inducement Claim as Duplicative of Contract Claim Based on Expert Analysis
In light of that motion, and the “expert affidavit already submitted,” the Court held that “it premature Credit Suisse Sec . (USA) LLC , 165 A.D.3d 108 (1st Dept. 2018) and Financial Guar. Ins. Co. v. Corp. v Credit Suisse Sec . LLC (165 AD3d 108 <1st dept 2018> ) and Financial Guar. Ins.
- Different Case, Same Result: State Court Denies Motion to Stay Parallel Securities Act Claims
Credit Suisse Securities (USA) LLC (“Credit Suisse”), Citigroup Global Markets Inc. The Court concluded by noting that “ he possibility that at some point there might be two trials is not
- Enforcement News: SEC Seeks Enforcement Actions Against Promoters of Pyramid Schemes and Ponzi Schemes
The SEC alleged that at least eight college students, recent graduates, or their family members invested
- First Department Decides Two Fraud Cases On Same Day: One That Addresses Duplication with Contract Claims, Justifiable Reliance, and Disclaimer Clauses, and One That Addresses Falsity
itself against deception, it should not be denied recovery merely because hindsight suggests that it might defendants funded nonparty Capstone Realty Investment Partnership (“CRIP”) with loans from Capstone Business Credit
- The Question Of Whether Pre-Construction Management Services Are Covered By New York’s Lien Law Is Addressed By The Westchester County Supreme Court
issue necessarily turned on whether the lienor performed supervisory work on the project within the eight-month